Medical Malpractice Attorneys: Suspected Killer’s Dad Sues Doctor

Victor Bruscato was assigned to a psychiatrist, Dr. Derek Johnson O’Brien, in 2001. The doctor placed his patient on anti-psychotic drugs which were believed to be helping to manage sexual impulses and certain violent tendencies. Unfortunately, in 2002, Dr. O’Brien elected to discontinue the use of two powerful medications in an effort to rule out the possibility that Bruscato was developing a dangerous syndrome. Medical malpractice attorneys say that the man began having violent nightmares and claimed that he was getting direct orders from the devil to do bad things.

Man Kills Mother, Father Sues Doctor

new jersey philadelphia medical malpractice attorneys Victor Bruscato Derek Johnson O'BrienIn August of 2002, Bruscato smashed his mother, Lillian Lynn, in the head with a battery charger and then stabbed her 72 times which resulted in her death. He was charged with murder but due to his psychological state, he was found to be incompetent to stand trial and he was committed to a mental institution. His father, Vito, then sued the doctor for medical malpractice because he believes that his son never should have been taken off of the medication. A judge at the trial court level ruled in favor of the psychiatrist but a divided state Court of Appeals elected to overturn that decision and allowed the case to proceed to trial.

Now, medical malpractice attorneys say that the case is in the hands of the Georgia Supreme Court. This is no easy decision and lawyers and judges have been fighting over this issue for years. The plaintiff argues that the doctor’s negligence, in canceling certain medications, led to the man becoming psychotic and killing his mother and therefore the father should be entitled to damages. On the other hand, the defense believes that there is no way that blame for this woman’s death should be shifted to a doctor. The attorneys fighting for the defendants continued by saying, “a person should not be able to sue for recovery of such a wrongful and immoral act.” It is clear that the actions of Victor Bruscato were wrong and repugnant but the question is, was this outcome foreseeable to the physician who had been treating him for over a year? If these violent tendencies were obvious to the doctor, there was no way that the patient should have been taken off of this medication.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Bed Sore Attorneys: African Americans Have a Higher Risk

A recent study shows that African American patients have a higher risk of developing bed sores in comparison to their white counterparts. Bed sore attorneys warn that this serious condition has the potential to significantly increase a patient’s cost of care as well as cause potential illness or even death. Bed sores, although very dangerous, can almost always be avoided through proper care and medical attention. Bed sore attorneys believe this disparity may lie in the differences between the nursing homes that house mostly black patients compared to white patients. Data shows that nursing facilities with higher concentrations of African American patients tend to have lower numbers of staff members who are registered nurses and certified nursing assistants.

The Bed Sore Numbers Don’t Lie

new jersey philadelphia bed sore lawyers african americans greater bedsore riskThe data for this study, which appeared in the Journal of the American Medical Association, examined data gathered between 2003 and 2008: 2.1 million white nursing home residents and 346,808 black nursing home residents were studied. Although the overall number of bed sores has decreased in recent years, black patients still consistently maintained higher rates than white patients. White nursing home residents saw their total rate of bed sores decrease from 11.4 percent to around 9.6 percent in 2008. On the other hand, black nursing home residents saw their bed sore rate drop from 16.8 percent in 2003 to 14.6 percent in 2008, still significantly higher than their white counterparts. Bed sore attorneys say that the highest rates of bed sores in recent years come from black residents who live in nursing homes that have the highest concentrations of African American patients. They say that conversely, the lowest rate was among white nursing home patients who resided in homes with few or no black patients. Bed sores are a major problem in our country today and blacks and whites alike need to be aware of the potential danger that they present.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, you may have questions regarding your legal rights for our professionals. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Defective Products Attorneys Secure $40 Million Verdict for Victim’s Family

new jersey philadelphia defective products attorneys kia motors tiffany stablerDefective products attorneys work to serve two groups of people: their immediate clients who have been injured and are in need of compensation, and the public at large, who are put into harm’s way with a defective product.

Recently, in Alabama, a verdict was found against KIA Motors for the death of 16 year old Tiffany Stabler, who was tragically killed after being ejected from her KIA as a result of a collision. Tiffany’s father purchased the car as a gift, and took it to the dealership to make sure everything was in working order. If the recall had been issued in time, Tiffany would still be alive today.

In 2002, KIA recalled nearly 190,000 vehicles from 1995-1998 for defective seat belts, which made a latch noise, but never closed. However, this recall was a month too late for Tiffany, who was killed before the recall was issued. The family’s defective products attorneys were able to secure a sizable judgment for the family, which they most certainly deserve.

How Defective Products Attorneys Help the Public

The Stabler family’s defective products attorneys assisted the Stabler family in receiving compensation, for sure. But they have also helped the public at large, by winning a judgment that will surely make KIA Motors re-think it’s business practices in order to make cars safer for consumers. When a product is defective, defective product attorneys are an important part of the system to insure that market forces mandate a change in the manufacturing of that product. Changing dangerous products is beneficial to everyone as a whole.

Defective Products Attorneys of New Jersey and Philadelphia

If you or your family members have been injured by a defective product, it is important to act quickly to protect your legal rights. Our experienced professionals are available to assist you in getting the compensation you and your family deserve. Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Bed Sore Attorneys Win New York Man $5.4 Million in Damages

Robert Messina, a sixty three year old New York man, was awarded $5.4 million in damages after he developed severe bedsores which went untreated. Bed sore attorneys believe that this amount of damages is not uncommon because the injury caused by severe pressure ulcers can be very serious and even life threatening. The injury occurred at Staten Island University Hospital (SIUH), and Messina is now unable to walk after the bed sores led to a significant hip infection. Bed sores can be very dangerous when they are not properly treated and it is essential to monitor patients who have limited mobility because of the lack of blood flow and increased pressure on certain body parts.

Bed Sores are a Preventable Condition that Present Large Dangers

new jersey philadelphia bed sore attorneys robert messina siuh Golden Gate rehab centerA brain dysfunction caused Messina to collapse and landed him in and out of hospitals and rehabilitation centers beginning in late August of 2006. Several days after his admission into the hospital, he was diagnosed with bedsores. He began to develop the bedsores at SIUH and Golden Gate Rehabilitation and Health Care Center. Professionals say that Messina’s bed sores worsened until ulcers were developed on his mouth, buttocks, ankles, and genitals. Many of these bed sores had healed by the time he entered Golden Gate Rehabilitation Center. Various health problems sent Messina back and forth between the hospital and the rehab center over the next year. He can no longer walk due to a dislocated hip and he is unable to receive a replacement because of the infection which was caused by the bedsores. The New York Supreme Court jury assigned to this case found SIUH 75% responsible for the developments and complications of the bedsores. Bed sore attorneys say that this means that the hospital is liable for $4 million of the total awarded to Messina.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, you may have questions regarding your legal rights. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Birth Defects Attorneys Discuss Non-Surgical Speech Options

The idea of having a surgery to correct a cleft palate or cleft lip has been discussed in a previous blog post and, in many cases, it is the correct decision for your child’s health. However, in cases where surgery may not be the best option due to health concerns or fears that the surgery will not be successful, there are other non-surgical treatment options. Our birth defects attorneys would like to highlight some effective, nonsurgical treatment options specifically targeted to help your child develop better speech.

Speech Bulbs and Palatal Lifts

new jersey philadelphia birth defects attorneys non surgical speech optionsOnce your child starts to grow, your doctor may want to discuss appliances that can be put in his or her mouth, to make speech easier. The speech bulb may be suggested, which is a plastic ball that fits into the velopharyngeal space, which is then attached to a plastic plate fitted to the roof of the mouth and held in place by wire clasps. The size of the bulb will vary depending on the size of the velopharyngeal space. The bulbs function is to stop air and sound from escaping the nose during speech. It is removed at night before bed.

Another appliance that may be suggested is a palatal lift. This is similar to a speech bulb, but is a wider, plastic paddle that extends back into the mouth and lifts the soft palate up, closing the velopharyngeal space. Your child’s care team should be consulted to see which, if any, of these appliances is appropriate.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights and whether or not birth defects attorneys would even be needed. In some cases, there have been improper actions that may have lead to your child’s birth defect and contacting birth defects attorneys is beneficial to your family’s physical and financial health. For example, the FDA has recently announced that Topamax (Topiramate), taken during pregnancy or during child-bearing years, has been linked to an increase in the development of cleft lips and cleft palates. We are able to assist parents dealing with these issues. Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Discuss Velopharyngeal Dysfunction

After your child has a palate repair surgery, most people would think that they are out of the woods and nothing else will have to be done. Unfortunately, approximately 15-25% of children born with a cleft palate will develop Velopharyngeal dysfunction (VPD). Our birth defects attorneys think that parents should be informed about the possibilities that may affect their child, and be able to react in a well-informed manner.

What is Velopharyngeal dysfunction?

new jersey philadelphia Birth Defects Attorneys Discuss Velopharyngeal DysfunctionVelopharyngeal dysfunction occurs when the open space between the back wall of the throat and the soft palate cannot be properly closed during speech. Unfortunately, this results in an unwanted escape of air or sound through the nose during speech. Essentially, this dysfunction may result in what is called hyper-nasal speech. The sounds that create speech come from both the nose and the mouth. When we speak, the majority of those sounds should come from the mouth alone. Closing the velopharyngeal space allows people to build pressure in the mouth and make the appropriate speech sounds. When a VPD is present, air comes through the nose that should not, and speech becomes too nasal.

In many cases, after surgery has been completed, or if surgery is not going to be undertaken, there are other options that can be explore. There are appliances that your doctor may recommend that can help alleviate these issues and eliminate the hyper-nasal speech problem.

Birth Defects Attorneys in New Jersey and Philadelphia

Giving birth to a child with a cleft lip or cleft palate begs the question,”Do I need the assistance of birth defects attorneys?They are necessary when a birth defect is caused by a deviation in the standard of care. For example, contacting our experienced professionals would be beneficial to you and your child if Topamax (Topiramate) was taken during pregnancy. The FDA has recently announced that Topamax has been linked to an increase in the development of cleft lips and palates. Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall LawsuitA Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Discuss Cleft Lip Dental Options

Unfortunately, when a child is afflicted with a birth defect like a cleft palate or cleft lip, there are other physical manifestations of the birth defect that must be dealt with. One of the major physical issues confronting children with cleft lip/palates is that they may need serious dental attention. The cleft usually occurs between the cuspid (eye tooth) and the lateral incisor. Possible dental issues include: a missing lateral incisor, two lateral incisors on both sides of the cleft, poorly formed teeth (with misshapen crowns and/or roots), and displaced teeth. We want you to be informed about the potential issues related to your child’s unfortunate birth defect and be able to take the appropriate actions.

Your Child’s Dentistry Needs

new jersey philadelphia birth defects attorneys topamax cleft lip dental optionsAlthough this may seem overwhelming, children born with a cleft lip/palate can still have healthy teeth. Proper cleaning, good nutrition, and fluoride treatment is necessary. The teeth should be cleaned with a small, soft-bristled toothbrush, as soon as the teeth are visible. Early evaluation is critical, with many dentists recommending the first visit being scheduled at one year of age, or in some cases, even sooner. What dental work your child needs will be determined by the dentist, which can be as simple as preventative care, or can be extensive including dental surgery.

It may be necessary for orthodontic care to be sought, even before the child has any teeth. This is to assess facial growth and plan for the child’s short and long term dental needs. If the teeth do not fit together correctly, braces will most likely be necessary.

Birth Defects Attorneys of New Jersey and Philadelphia

Parents who have children with a cleft lip or palate are often confused about their legal rights and whether or not birth defects attorneys are necessary. In many cases, birth defects attorneys are not necessary, because the cause is usually natural. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lips and palates. In this situation, it would be beneficial to contact the Mininno Law Office: Our experienced and caring birth defects attorneys off a free case evaluation and consultation. You may call 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Reform Strikes in North Carolina

The North Carolina Senate has recently passed a bill that is expected to reform medical malpractice laws. Specifically, the bill will limit the amount of money plaintiffs can be awarded following a civil trial within the state. The legislature’s hope is that with the liability of medical malpractice limited, higher quality doctors and medical personnel will stay within the state. The goals of the Senate also include a hope to lower health care costs because as liability decreases, the cost of medical malpractice insurance will also become lower. Although it is a great advantage for the state to have lower health care costs and more respected medical personnel, this action may also limit the availability of just remedies to those who are hurt by medical malpractice and negligence.

Patient’s Remedies Become Limited

medical malpractice lawyers in nj & paPatients in North Carolina will still be able to recover medical costs and lost income that result from medical malpractice or negligence. However, there will now be a $500,000 cap on the amount juries are able to award for non-economic damages, such as pain and suffering. A safeguard is included for plaintiffs which says that this cap is not relevant when a doctor or health care providers conduct is seen as grossly negligent, fraudulent, intentional, malicious, or reckless disregard for others that results in death, permanent injury, disfigurement, or loss of a part of the body. This exception does not cover incidents when patients are seriously injured by medical malpractice that does not fall into one of these narrow exception categories. North Carolina Senate President Phil Berger stated:

“Our citizens suffer in a lottery-like system that lets trial lawyers win big while doctors flee to states where they can practice without fear of unfair lawsuits. I commend our members for reaching a reasonable compromise.”

What Berger fails to recognize is that the legal system and judges are in place to decide when a lawsuit is unfair. If a judge allows a case to go to trial, why shouldn’t injured patients be allowed to collect damages that a jury of their peers found fitting? Medical malpractice and negligence is the problem, plaintiffs who collect money following extreme pain and suffering is justice. Limiting the amount of money that severely injured people can collect is extremely unfair, especially when much of that suffering comes at the hands of doctors that are paid to be attentive, not negligent.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one has recently undergone a medical procedure but are still in pain which you believe can be attributed to medical malpractice, it is possible that you have some questions. Please contact the Mininno Law Office at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Nursing Home Neglect Case Calls for Trial

A case of nursing home neglect will not be settled through a plea bargain and will require the parties to go through a trial. Amanda Tibble, a former nursing assistant at John. M. Reed Nursing Home, is charged with five counts of willful abuse, neglect, and exploitation of an adult. It is argued that the Tennessee woman both verbally and physically assaulted patients at her former place of employment. Despite agreeing to plead guilty to four of the counts, the trial will still go on in late August.

Nursing Assistant Refuses to Accept Full Responsibility

nursing home neglect in nj and paIn return for reduced jail time, Tibble originally accepted a plea bargain. Following the entry of the plea, the woman would not confess to the exact details of what she was guilty of before Judge Robert Cupp. Since the nursing assistant refused to take responsibility, the judge denied the plea bargain and the case will need to be settled in court.

The victim’s family members were clearly outraged by these developments and disappointed that the legal process would not be coming to an end. The ninety year old victim, Anza Hall, was allegedly screamed at by the accused, who used inappropriate language. Tibble was arrested by the Washington County Sheriff’s Office in 2010 due to various actions such as cursing at patients and twisting a seventy-five year old patient’s arm behind his back. Hall’s granddaughter, Carla Anderson was quoted as saying:

“If I was her I’d be embarrassed too to have to get up there and say what I did, but she knew that she was supposed to come in here and say what she did and she didn’t.”

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.